Disposed

Shri Venkatachalapathi v. Shri Chinnabbanna

Karnataka HC21 Aug 2023WP/2752/2020

Case brief

AI extract

What is this about?

HIGH COURT OF KARNATAKA, JUDGMENT OF 21.08.2023, BY S.G. PANDIT, J. IN WRIT PETITION NO. 2752 OF 2020. PETITIONER FILED WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION PRAYING TO SET ASIDE THE ORDER DATED 19.12.2019 ANNEXURE-H PASSED BY THE I ADDL. SENIOR CIVIL JUDGE, AT KOLAR IN M.A.NO.21/2019 CONFIRMING THE ORDER DATED 30.07.2019 ANNEXURE-G PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, AT KOL

What did the court decide?

Continued the interim order of status quo till disposal of the suit and directed the trial court to endeavour for early disposal of the suit.

Shri Venkatachalapathi Vs Shri Chinnabbanna — Property and Title | Karnataka HC (2023)

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1 - NC: 2023:KHC:29920 WP No. 2752 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 2752 OF 2020 (GM-CPC)

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BETWEEN:

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SHRI VENKATACHALAPATHI S/O LATE ABBAYYAPPA AGED ABOUT 55 YEARS OCC:AGRICULTURE R/O ACHETTANAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK - 563 133.

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…PETITIONER

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(BY SRI. G A SRIKANTE GOWDA., ADVOCATE)

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AND:

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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SHRI CHINNABBANNA S/O LATE CHINNANNA AGED ABOUT 82 YEARS OCC:AGRICULTURE R/O ACHETTANAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK - 563 133.

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SHRI MUNIRAJU S/O LATE RAMAPPA AGED ABOUT 42 YEARS OCC:AGRICULTURE R/O ACHETTANAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK - 563 133.

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…RESPONDENTS (BY SRI.S.N.BHAT. ADVOCATE FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

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2 - NC: 2023:KHC:29920 WP No. 2752 of 2020

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ORDER DATED 19.12.2019 ANNEXURE-H PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE, AT KOLAR IN M.A.NO.21/2019 CONFIRMING THE ORDER DATED 30.07.2019 ANNEXURE-G PASSED BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, AT KOLAR, ON I.A. NO.1 IN O.S.NO.610/2017, GRANTING AN INTERIM ORDER OF TEMPORARY INJUNCTION.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner/defendant No.1 in O.S. 610/2017 on

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the file of II Addl. Civil Judge & JMFC., Kolar, is before this Court questioning the order passed on I.A.No.1 filed under

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Order 39 Rule 1 and 2 r/w.Sec.151 of CPC in O.S. No. 610/2017 and also the order dated 19.12.2019 in Misc. Appeal No. 21/2019 on the file of I Addl. Senior Civil Judge, Kolar, by which the order passed by the trial Court is confirmed.

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Heard Sri G.A.Srikante Gowda, learned counsel

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for the petitioner/defendant No.1 and Sri S.N.Bhat, learned counsel for respondent No.1/plainatiff. Perused the petition papers.

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Respondent No.1/plaintiff herein filed suit for

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declaration and Permanent Injunction in respect of suit

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3 - NC: 2023:KHC:29920 WP No. 2752 of 2020

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schedule property. Alongwith suit I.A. No.1 under Order 39 Rule 1 and 2 r/w Sec.151 of CPC to restrain the defendant from interfering with the possession and enjoyment of the suit schedule property was also filed. By order dated 30.07.2019 the trial Court allowed IA No.1 and restrained petitioner/defendant from causing any damage to the manure pit and haystack existing towards south of the suit schedule property in whatsoever until disposal of the suit. The said order was challenged by petitioner/defendant in Misc. Appeal No.21/2019 and the appellate Court by judgment and order dated 19.12.2019 confirmed the order of trial court and dismissed the appeal.

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This Court while issuing emergent notice to the respondents on 06.2.2020 directed status quo till the next date of hearing and the said interim order is extended from time to time till this date and interim order of statusquo is operating for the last three years.

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The dispute in the suit is in respect of 0.05

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guntas of land in Sy. No.9/1 of Achatnahalli village,

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NC: 2023:KHC:29920 WP No. 2752 of 2020

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Narasapura Hobli, Kolar Taluk. Plaintiff claims that in respect of suit schedule property occupancy right was granted by Land Tribunal, Kolar, dated 09.10.1997. The allegation of the respondent/plaintiff was that the petitioner/ defendant herein is trying to interfere with his peaceful possession over the suit schedule property. The trial Court and appellate Court passed order in favour of the respondent/plaintiff. But this Court on 06.02.2020 directed status-quo to be maintained in respect of suit schedule property and the said interim order is operating for the last three years. Hence, I deem it proper to continue order of Status-quo till disposal of the suit and direct the trial Court to endeavour for early disposal of the suit with the co-operation of the parties to the suit. Ordered accordingly.

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With the above, the writ petition stands disposed of.

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Sd/JUDGE

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PSJ

Shri Venkatachalapathi v. Shri Chinnabbanna

Case brief

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Shri Venkatachalapathi v. Shri Chinnabbanna

Case brief

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